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REVIEW COMMENTS M E M 0 RAN DUM August 3, 1987 TO: CHAIRMAN AND MEMBERS, PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: BOYNTON BEACH MALL ANNEXATION APPLICATION INTRODUCTION Cormac C. Conahan, agent for Boynton-JCP Associates, Ltd. and the Lake Worth Drainage District, property owners, is proposing to ; annex into Boynton Beach a 9.707 acre tract of land, which includes 6.92 acres of open space preserve and 2.787 acres of right-of-way for the L.W.D.D. L-23 canal. The subject property is located at the southeast corner of Javert Street and the Boynton (C-16) Canal and is zoned CG (General Commercial) in Palm Beach County (see attached location map in Exhibit A). The resolution which approved the Development of Regional Impact (DRI) for the Boynton Beach Mall (Resolution No. R-74-343), approved by the Board of County Commissioners on May 7, 1974, sets forth the requirement for preservation of the Pine Savannah in the northwest corner of the mall tract. The main mall tract, which was annexed into the City on November 16, 1982, excluded the Pine Savannah in question, which remained in Palm Beach County. It was the decision of the developer to exclude the Pine Savannah from the original mall annexation application. PURPOSE It is the intent of the applicant to annex the subject parcel without submitting concurrent applications for land use amendment and rezoning. The current CG zoning (Palm Beach County) will remain intact, as the applicant intends to submit an application for substantial deviation to the original Boynton Beach Mall DRI. The developer is considering adding a sixth major anchor (department) store and to utilize the pine preserve area for additional parking. If the application for the amendment to the Development Order is denied, the applicant will then submit an application for Land Use Element Amendment and Rezoning consistent with the use permitted by the approved Development Order and the City's Comprehensive Plan Evaluation and Appraisal Report. Potential Land Use Conflict Area 50 (P-137) of the Evaluation and Appraisal Report recommends that this parcel should be annexed and placed in the "Recreational" land use category consistent with the existing DRI approval. The applicant has prepared and submitted, in connection with the annexation application, an "Annexation Agreement" which, when endorsed, will provide for the annexation of the pine preserve without the assignment of a City land use and zoning category at the present time (see attached legal document in Exhibit B). PROCEDURE These applications for annexation, amendment to the Future Land Use Element of the Comprehensive Plan and rezoning are being processed consistent with State statutes, and Boynton Beach Codes, Ordinances and Resolutions as follows: 1. F.S. 163.3161: Local Government Comprehensive Planning and Land Development Regulation Act. 2. F.S. 166.041: Procedures for Adoption of Ordinances and Resolutions. 3. F.S. 171.011: Municipal Annexation and Contraction Act. -2- 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e): Boundary and Zoning. 5. Boynton Beach Ordinance #79-24. 6. Boynton Beach Resolution #76-X: Procedure for Annexation. These regulations have been listed for informational purposes. Paraphrasing, these regulations require review by the City Department Heads, newspaper advertisements, public hearings with the Planning and Zoning Board and City Commission, and Commission adoption of ordinances to annex. COMPREHENSIVE PLAN POLICIES There are three policies in the Comprehensive Plan which address annexations as follows: 1. "Annex only property which is reasonably contiguous to present municipal boundaries;" 2. "Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the costs of providing service;" and 3. "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated." In order to determine the consistency of the Boynton-JCP Associates, Ltd./Lake Worth Drainage District request with Comprehensive Plan Policies, each of the three policies will be addressed individually. Policy 1 - "Annex only property which is reasonably contiguous to the present municipal boundaries." The Boynton-JCP Associates, Ltd./Lake Worth Drainage District property is contiguous with present corporate limits along its entire north, east and south property boundaries (approximately 1,884 feet or 61% of its entire boundary). In addition, this property lies in the path of urban development. Policy 2 - "Annex property only after the preparation of the study evaluating the fiscal benefits of annexation versus the cost of providing services." In response to policy two, you will find in Exhibit "c" the cost to the City of annexing this parcel and the dollars returned to the City in taxes. Policy 3 - "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated." As previously reported, the Boynton -JCP Associates, Ltd./Lake Worth Drainage District tract is 9.707 acres in size. It is anticipated that this parcel will experience urban development if the future application for substantial deviation is approved. Otherwise, this parcel will remain as an open space preserve area and will be designated for "Recreational" land use consistent with Land Use Conflict Area 50 of the Comprehensive Plan Evaluation and Appraisal Report. RECOMMENDATION The Planning Department recommends that the application submitted by Cormac C. Conahan, agent for Boynton-JCP Associates, Ltd. and the Lake Worth Drainage District, for Annexation, be approved as submitted. This recommendation is based in part on the following: 1. The parcel is contiguous to Corporate limits; -3- 2. The parcel lies within a County pocket and it is in the path of urban development; 3. The parcel is located within the City's municipal service area. 4. The request is consistent with the Comprehensive Plan policies for annexation; 5. The request will not impair the value or future use of lands in the surrounding area; and 6. The cost to serve versus the benefits received indicate a positive return for the City. CA~7~~ CSA:ro cc Central File .. MEMORANDUM RECEIVEO TO: Mr. Carmen Annunziato Planning Director DATE: July 10, 1987 J'Hr 13 1981 [hI A. I "'.lj'\ll;;'r. , .DE.p'r 'r... ,'. ."il"l'.:J, - . - I,..... 0' !J ~. FROM: Betty S. Boroni City Clerk RE: Planning & Zon~0 Un~rd Meeting of 8/11/87 Attached please find a copy of the advertisement for the corner of the Boynton Beach Mall annexation scheduled to be published in The Post on July 26 & August 2 for the Planning & Zoning Board meeting of August 11. BSB/smk Attachment cc: City Manager